New South Wales Consolidated Acts

DUTIES ACT 1997 - SECT 104ZK

104ZK Transactions exempt from ad valorem duty under Chapter 2

(1) Subject to this Part, no surcharge purchaser duty is chargeable on a surcharge duty transaction if--

(a) ad valorem duty is not chargeable on the transaction as a dutiable transaction under Chapter 2 because of any of the provisions of Parts 6 and 7 of that Chapter (other than sections 55, 57, 62, 62A and 62B), or

(b) the transaction is a relevant transfer to which section 61 applies, or

(c) the transaction is a dutiable transaction to which section 62 applies, or

(d) the transaction is a transfer, or an agreement for the sale or transfer, of residential-related property and a duty concession is granted under Division 5 of Part 8 of Chapter 2 in respect of the transaction.

(2) To avoid doubt, the exemptions and concessions provided for in Part 8 of Chapter 2 do not (except as provided by subsection (1) (d)) apply in respect of surcharge purchaser duty.